34 CFR §300.503 Prior notice by the public agency; content of notice. (a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency— (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child. (b) Content of notice. The notice required under paragraph (a) of this section must include— (1) A description of the action proposed or refused by the agency; (2) An explanation of why the agency proposes or refuses to take the action; (3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; (4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part; (6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and (7) A description of other factors that are relevant to the agency’s proposal or refusal. (c) Notice in understandable language. (1) The notice required under paragraph (a) of this section must be— (i) Written in language understandable to the general public; and (ii) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. (2) If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure— (i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication; (ii) That the parent understands the content of the notice; and (iii) That there is written evidence that the requirements in paragraphs (c)(2)(i) and (ii) of this section have been met.
What We Do
The parent and adult student have the right to be given written information about the school’s actions relating to the student’s special education needs. Prior written notice is written notification from the school given to to the parent and/or adult student at least five school days in advance. This prior written notice is intended to provide the parent and/or adult student with information to help participate in the decision-making process with regard to the student. The notice must be written in language understandable to the general public and must be translated into the parent and/or adult student’s native language or other mode of communication, unless it clearly is not feasible to do so. If the native language or other mode of communication is not a written language, the school must translate the notice orally or by other means into the native language or other mode of communication so that it can be understood. The school must have written evidence that this has been done. The school must give the parent and/or adult student prior written notice whenever it proposes to initiate or to change the identification, evaluation, or educational placement of the student or the free appropriate public education(FAPE) provided to the student. The parent and/or adult student also have a right to prior written notice whenever the school: refuses to initiate or to change the identification, evaluation, or educational placement of the student; or the FAPE provided to the student.
A prior written notice must: describe the actions the school proposes or refuses to take, explain why the school is proposing or refusing the action, describe each evaluation procedure, assessment, record, or report the school used in deciding to propose or refuse the action, include a statement that the parent and/or adult student have protections under the procedural safeguards of the IDEA, tell the parent and/or adult student how to get a copy of this Noticeof Procedural Safeguards, include contact information for individuals or organizations that can help in understanding the IDEA, describe other choices that the Admission, Review and Dismissal (ARD/IEP) Committee considered, and the reasons why those choices were rejected, and provide a description of other reasons why the school proposes or refuses the action. If, at any time after the school begins providing special education and related services to the student, the parent and/or adult student may revoke consent for services; the school must discontinue providing special education and related services to the student. Before discontinuing services, however, the school must give the parent and/or adult student prior written notice. A parent of a child with a disability may elect to receive written notices by electronic mail (e-mail), if the school makes such an option available.
34 CFR §300.503 Prior notice by the public agency; content of notice. (a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency— (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child. (b) Content of notice. The notice required under paragraph (a) of this section must include— (1) A description of the action proposed or refused by the agency; (2) An explanation of why the agency proposes or refuses to take the action; (3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; (4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part; (6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and (7) A description of other factors that are relevant to the agency’s proposal or refusal. (c) Notice in understandable language. (1) The notice required under paragraph (a) of this section must be— (i) Written in language understandable to the general public; and (ii) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. (2) If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure— (i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication; (ii) That the parent understands the content of the notice; and (iii) That there is written evidence that the requirements in paragraphs (c)(2)(i) and (ii) of this section have been met.
What We Do
The parent and adult student have the right to be given written information about the school’s actions relating to the student’s special education needs. Prior written notice is written notification from the school given to to the parent and/or adult student at least five school days in advance. This prior written notice is intended to provide the parent and/or adult student with information to help participate in the decision-making process with regard to the student. The notice must be written in language understandable to the general public and must be translated into the parent and/or adult student’s native language or other mode of communication, unless it clearly is not feasible to do so. If the native language or other mode of communication is not a written language, the school must translate the notice orally or by other means into the native language or other mode of communication so that it can be understood. The school must have written evidence that this has been done. The school must give the parent and/or adult student prior written notice whenever it proposes to initiate or to change the identification, evaluation, or educational placement of the student or the free appropriate public education (FAPE) provided to the student. The parent and/or adult student also have a right to prior written notice whenever the school: refuses to initiate or to change the identification, evaluation, or educational placement of the student; or the FAPE provided to the student.
A prior written notice must: describe the actions the school proposes or refuses to take, explain why the school is proposing or refusing the action, describe each evaluation procedure, assessment, record, or report the school used in deciding to propose or refuse the action, include a statement that the parent and/or adult student have protections under the procedural safeguards of the IDEA, tell the parent and/or adult student how to get a copy of this Notice of Procedural Safeguards, include contact information for individuals or organizations that can help in understanding the IDEA, describe other choices that the Admission, Review and Dismissal (ARD/IEP) Committee considered, and the reasons why those choices were rejected, and provide a description of other reasons why the school proposes or refuses the action. If, at any time after the school begins providing special education and related services to the student, the parent and/or adult student may revoke consent for services; the school must discontinue providing special education and related services to the student. Before discontinuing services, however, the school must give the parent and/or adult student prior written notice. A parent of a child with a disability may elect to receive written notices by electronic mail (e-mail), if the school makes such an option available.
Resources
Prior Written Notice Q and A